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ORDINANCE NO. 241
AN ORDINANCE OF THE CITY OF THE TOWN OF LOS ALTOS
HILLS AMENDING TITLE 8 OF THE LOS ALTOS HILLS MUNICIPAL
CODE BY ADDING THERETO CHAPTER 7 ENTITLED "BUILDING
CONSTRUCTION AND STRUCTURAL ADDITION CHARGE"
The City Council of the City of the Town of Los Altos
Hills does ORDAIN as follows:
SECTION 1. AMENDMENT OF CODE. Title 8 of the Los Altos
Hills Municipal Code is hereby amended by adding thereto Chapter 7
to read as follows:
CHAPTER 7. BUILDING CONSTRUCTION AND STRUCTURAL ADDITION
CHARGE
SECTION 8-7.01. CHARGE. There is hereby imposed upon
the construction of any new dwelling, or structural
additions to any dwelling or other building, charges
in accordance with the following schedule, to wit:
Description Amount
New Dwelling $1,000.00 per dwelling unit
Structural Addition to any $0.15 per square foot
dwelling or other building of floor area added
SECTION 8-7.02. IN ADDITION TO OTHER CHARGES. The charges
imposed by this Chapter are in addition to any other
charges, fees and taxes imposed by any other provision
of the Los Altos Hills Municipal Code, any regulation,
resolution or ordinance of the City of the Town of Los
Altos Hills and any rule, regulation or statute of the
State of California or of the United States.
SECTION 8-7.03. WHEN DUE. Any charge imposed by this
Chapter shall be due and payable to the City at the time
that any building, housing, mechanical, electrical,
plumbing or other permit issuable under the provisions of
Title 8 of the Los Altos Hills Municipal Code shall issue,
or should be issued.
SECTION 2. FINDINGS. The Council finds and declares that
construction of new dwellings, structural additions to any dwelling or
other building are imposing a burden upon City services disproportionate
to the revenue they produce. The Council further finds and deter-
mines that the charges imposed by this Chapter are reasonable and are
necessarily required to equitably spread the cost of government and
City services to enable the City to maintain a reasonable level of
municipal service within the community.
SECTION 3. URGENCY. EFFECTIVE DATE. This ordinance
is an urgency ordinance and is for the immediate preservation of the
public peace, health and welfare. The facts constituting the urgency
are these:
In the event Article XIII -A is added to the California
Constitution by reason of the passage of the so-called Jarvis -Gann
Initiative, Section 4 thereof would require a two-thirds vote of the
qualified electors to impose special taxes with certain exceptions
not here applicable. If the interpretation of Section 4 by Messers.
Jarvis and Gann, namely that a special tax is one other than an
ad valorem property tax, is correct then charges of the type described
in Section 1 hereof also could not be imposed or amended without
the required two-thirds vote. Further, a judicial interpretation of
what is meant by the term "qualified electors" would be required because
of the deletion of this term from the California Constitution earlier
and before the total number of voters to whom the two-thirds vote
requirement referred could be determined.
If the effective date of the revised charges imposed by the
within ordinance is delayed by reason of litigation arising out of
the adoption of Article XIII -A, the City will be without adequate
income with which to maintain a reasonable level of municipal service
within the City thereby causing undue hardship upon the residents of
this community.
This ordinance takes effect immediately.
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SECTION 4. POSTING. This ordinance shall be posted
within the City of the Town of Los Altos Hills in three (3) public
places.
ATTEST:
REGULARLY passed and adopted this 31st day of May, 1978.
City Clerk
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